Terms & Conditions
Thank you for using the Biscuit App.
The following terms and conditions (the "terms and conditions") are a legal agreement between the user ("you" or “your”) and AFX Ventures Limited ("we", "us" or “our”), a company registered with company number 13197738 and having its registered office at 3rd Floor 114a Cromwell Road, London, United Kingdom, SW7 4AG, using its trading styles including “Biscuit”.
1. DEFINED TERMS
The following words and phrases shall have the meanings set out below when used in these terms and conditions:
1.1 “Account” means the account created by you in the App.
1.2 “Account Information” means any information uploaded to the App by you in connection with your Account.
1.3 “Animal Friends” means Animal Friends Limited, a company registered with company number 04380184 and having its registered office at Animal Friends House The Crescent, Sun Rise Way, Amesbury, Salisbury, SP4 7QA.
1.4 "App" means the “Biscuit” application published by us for use on mobile telephones and smartphones [and other devices] through which you can engage in healthy pet activities, collect virtual rewards such as Biscuits, badges and points, and access Partner Rewards.
1.5 "Biscuits" means the credits awarded to you for engaging in elements of the App.
1.6 "Intellectual Property Rights" means (i) patents, pending patent applications, designs, trade marks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognised in the future; and (iii) applications, extensions and renewals in relation to any such rights.
1.7 “Partner Rewards” means the vouchers for goods or services to be provided by our partners that may be offered to you as part of your engagement with the App.
1.8 "Policy" means a pet insurance policy administered by Animal Friends that is eligible to permit use of the App.
2. TERMS AND CONDITIONS
2.1 By using the App, you agree that these terms and conditions apply to the relationship between you and us for its use.
2.2 In consideration of you agreeing to comply with these terms and conditions we will provide the App to you in accordance with these terms and conditions.
2.3 You agree that you will comply with any third party terms applicable to the downloading of our App and in relation to the use of your device.
3. ACCOUNT REGISTRATION
3.1 When you register for an Account, you must provide true, accurate and complete information relating to you and your pet as requested and keep this information up to date after registration by accessing the “Your Profile” page in the App.
3.2 You agree that you're solely responsible for:
(a) the accuracy and completeness of all information provided through the App
(b) notifying us of any updates to that information;
(c) adding your dog's unique microchip number to the app and not sharing it with other users of the app (e.g. family members, friends, dog walkers, etc). A microchip number is unique to a single dog and can only be registered on one Biscuit account.
(d) maintaining the confidentiality and security of your Account information and your password; and
(e) any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not, except to the extent these are directly caused by our negligent act or omission.
3.3. You agree that you are responsible for any costs, loss, damages or expenses to us as a result of any failure in your responsibility as set out in clause 3.2 above.
3.4 You also agree to let us know if you detect any unusual activity on your Account as soon as you become aware of it.
3.5 We won't be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Account information or your password.
Subject to these terms and conditions, we grant to you a non-exclusive, non-transferable, royalty free licence, without the right to grant sub licences, solely for your personal use and solely during the term of these terms and conditions to install one copy of the App onto your device. If you own more than one device then you must download a separate copy of the App for each device.
5. HOW THE CONTRACT BETWEEN YOU AND US IS FORMED
You enter into these terms and conditions and a binding contract with us in relation to your use of our App when you download our App onto your device. These terms and conditions are separate from the terms and conditions of any Policy you have.
6. USING OUR APP
6.1 By downloading our App you confirm and warrant that:
(a) you will utilise the App solely to track and monitor your pet’s health and wellbeing activities, collect Biscuits, badges and points, and to access Partner Rewards and to engage in other activities we specifically make available to you in the App;
(b) you are legally capable of entering into binding contracts;
(c) you are at least 18 years old;
(d) you are resident in the UK; and
(e) you will abide by these terms and conditions in particular the prohibited uses at clause 9.
6.2 We do not guarantee that our App, or any content on it or any service provided through it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
6.3 We will not be liable if for any reason the App is unavailable at any time or for any period.
6.4 You are responsible for making all arrangements necessary for you to have access to our App from your device.
6.5 You are responsible for controlling the access to and security settings of any device on which you install the App.
6.6 Access to the App is free of charge.
6.7 We may update and change the App from time to time to reflect changes to our services, technology, features, functionality, workings, applicable laws and regulations, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
6.8 We are not responsible for any representations, information, warranties or other content on any third party website (including third party websites linked to from the App).
7. LOCATION BASED SERVICE
Some features of the App make use of detailed location and route information, for example in the form of GPS signals and other information sent by your mobile device on which the App is installed and activated. These features cannot be provided without utilizing this technology and you agree to the use of this information and technology.
8. GOALS, BISCUITS AND PARTNER REWARDS
8.1 The App will specify a recommended activity level for your pet and set daily and weekly goals for you and your pet to aim to achieve, based on the information you have provided to us during the Account registration process or as a subsequent update.
8.2 If you achieve a qualifying walk, or your daily or weekly goal, you may be offered, at our sole discretion, an opportunity to be awarded Biscuits through the App. Biscuits may also be awarded in other circumstances, including for example for completing other challenges set through the App or taking part in games we make available. In the event of a Biscuit-earning activity failing to record correctly in the App, Biscuits will not be awarded.
8.3 We may, without obligation, offer you the opportunity to exchange your Biscuits for Partner Rewards through the App.
8.4 Access to the Biscuits, Partner Rewards and other functions in the App will be offered solely at our discretion and the availability of any such Partner Rewards and the amount of Biscuits to be required in exchange for them will be subject to change from time to time. For the avoidance of doubt, these Terms and Conditions do not grant you any right to Biscuits or Partner Rewards and we have no obligation to provide or make any Biscuits or Partner Rewards available to you or any other person.
8.5 Biscuits have no monetary value and may only be used in the App in exchange for Partner Rewards. Partner Rewards will be issued in the form of a code, link or other representation (at our discretion), subject to a validity period and must be redeemed by you during such period. We accept no responsibility for the loss by you of any Biscuits or Partner Rewards due to the loss or inoperability of your device.
8.6 Any outstanding Biscuits and Partner Rewards will be cancelled in the event of any termination of these terms and conditions.
8.7 We may change the Partner Rewards at our discretion and do not guarantee the availability of any, or any particular, Partner Rewards at any time.
8.8 The functions and features set out in this clause 8 are subject to change at any time pursuant to clause 6.7 and we may update or change any features, functionality or workings of the App from time to time in accordance with that clause.
9. PROHIBITED USES OF THE APP
9.1 You may use the App only for lawful purposes as intended pursuant to clause 6.1(a). You may not use the App:-
(a) in any way that is unlawful or fraudulent, has any unlawful or fraudulent purpose or effect, or that knowingly breaches any applicable local, national or international law or regulation;
(b) for the purpose of harming or attempting to harm any person (whether adults and/or minors) or any animals in any way;
(c) for any commercial or business purpose;
(d) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
(e) in any way which contravenes the virus and hacking provisions as set out in clause 12; or
(f) in any way other than in accordance with these terms and conditions or as directed by the App.
9.2 The App is intended for use by you in the United Kingdom only. We make no representations that the App and its functionalities will be available for use outside of the United Kingdom or that any use of the App complies with applicable laws and regulations in any other location. We exclude all liability in respect of any use of the App outside the United Kingdom and you are solely responsible for any use of the App and for compliance with applicable laws and regulations in any other location.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 We are the owner or the licensee of all Intellectual Property Rights in our App, and either own all Intellectual Property Rights in, or are licensed to publish, the material on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Nothing in these terms and conditions will be construed as conferring any licence of our Intellectual Property Rights except those licences expressly granted in these terms and conditions.
10.2 Except as set out in this clause 10, you must not use, copy, store, download, sell, reproduce, redistribute, disclose, publish, rent, lease or lend the App during or after the term of these terms and conditions.
10.3 You agree not to modify the App, remove any copyright, trade mark or other Intellectual Property Rights from the App or allow a third party to do so.
10.4 You must not remove any copyright, trade mark or other Intellectual Property Rights legend from the App.
10.5 You agree not to make use of any of our trade marks or other Intellectual Property Rights in any manner unless we have given you express written permission to do so.
10.6 You agree not to copy, duplicate, reverse engineer, reverse compile, disassemble, record or otherwise reproduce all or any part of the App.
10.7 You must not use any part of our App or materials on it for commercial purposes without obtaining an express licence to do so from us and our licensors.
10.8 If you print off, copy or download any part of our App in breach of these terms and conditions, your right to use our App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
10.9 This clause 10 will survive the termination of these terms and conditions.
11. YOUR DATA
12. VIRUSES, HACKING AND OTHER OFFENCES
12.1 You must not misuse our App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
12.2 You must not attempt to gain unauthorised access to, interfere with, damage or disrupt our App, the server, equipment or network on which our App is stored, any software used in the provision of our App or any server, computer or database connected to our App. You must not attack our App via a denial of service attack or a distributed denial-of-service attack.
12.3 By breaching this clause 12, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, we may terminate these terms and conditions in accordance with clause 13 and your right to use our App will cease immediately upon such termination.
12.4 We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our App or to your downloading of any material posted on it, or on any website linked to it.
13. SUSPENSION AND TERMINATION
13.1 Failure to comply with these terms and conditions constitutes a material breach of the terms upon which you are permitted to use our App, and may result in our taking all or any of the following actions:-
(a) Immediate termination of these terms and conditions;
(b) immediate, temporary or permanent withdrawal of your right to use our App;
(c) immediate, temporary or permanent removal of any posting or material uploaded by you to our App;
(d) issue of a warning to you, through the App or by email, and termination on notice if we issue you with two or more warnings;
(e) legal proceedings against you for reimbursement of all costs to us (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(f) further legal action against you for other losses caused by your act or omission; or
(g) disclosure of such information to law enforcement authorities as we reasonably feel is necessary in the circumstances.
13.2. We may terminate these terms and conditions on reasonable notice (which may be immediate notice in the circumstances) if:
(a) we cease to provide the App or our services through the App;
(b) providing the App or any services to you would constitute a breach of any applicable laws or regulations; or
(c) we have reasonable grounds to believe that you are using or intend to use the App or our services for any unlawful purpose.
13.2.2 If these terms and conditions are terminated for any reason you agree that you will delete our App from your device and we have the right to block your access to the App.
13.3 You may cancel your Account and cease using the App at any time by sending us an email to the address set out in clause 16 below, or using functionality within the App where available. In this case, you will lose access to and all rights in respect of any Biscuits or Partner Rewards associated with your Account at the time of such cancellation.
14. OUR LIABILITY AND DISCLAIMERS
14.1 Under no circumstances, in the absence of any negligence or other breach of duty by us, will we be liable or responsible for any loss, injury or damage of any nature which you, your pet or any third parties may sustain through or as a result of any engagement with Biscuit, which you use at your own risk. You agree you are responsible for any costs, loss, damages or expenses to us as a result of any failure to comply with your responsibilities as set out in the terms and conditions of Biscuit.
14.2 Subject to clause 14.6 and otherwise to the extent permitted by law, we exclude all liability for any injury, loss, damage, claim, expense, cost (including legal costs) or liability incurred by you or your pet arising from or in connection with your use or non-use of the App, whether for breach of contract or tort (including negligence), under statute or on any other basis.
14.3 We do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information, your computer systems, mobile phones or other electronic devices arising in connection with use of the App. You should take your own precautions to ensure that the process which you employ for accessing the Services does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
14.4 Without prejudice to clause 14.2, you undertake to engage with our App with an appropriate level of self-care and attention to your own level of fitness and other personal circumstances. In addition, you agree and undertake that:
(a) if your doctor or medical practitioner advises you not to exercise that you will not use the App;
(b) if there is any other reason why you or your pet should not exercise, you will not use the App;
(c) you are wholly responsible for the wellbeing of your pet and the appropriateness of any exercises for your pet and will consult a veterinary practitioner before commencing any exercise regime;
(d) you are wholly responsible for the way in which any activities are undertaken if you use our App; and
(e) subject to clause 14.6 we are in no way liable or responsible for any damage, injury or loss caused to you, your pet or any third party person or pet through or as a result of any engagement with our App.
14.5 The content on the App does not constitute medical advice for you or your pet and you should not rely on it for such purposes. You must consult with a qualified healthcare provider or (in the case of your pet) your vet with any questions you may have about a medical condition or treatment before taking any action on the basis of the content of the App.
14.6 Nothing in these terms and conditions limits our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
14.7 This clause 14 will survive the termination of these terms and conditions
15. OUR RIGHT TO CHANGE THESE TERMS AND CONDITIONS
15.1 We may amend these terms and conditions from time to time for any of the following reasons:
(a) to make these terms and conditions fairer to you or easier to understand or to correct errors where it is reasonable to do so;
(b) to allow us to improve the App or our services, functionality or features or to provide additional services to you;
(c) to remove a service, function or feature that we are no longer able to provide;
(d) to reflect proportionately changes to legislation or regulations and their impact;
(e) to reflect a change in our service, functions or features, including removing or replacing functions or features available on the App;
(f) to allow for a change in provider of any service we use in the provision of our App; or
(g) to respond proportionately to changes in technology, changes to our corporate structure, or the way we provide the App or our services.
15.2 In the event of any change to these terms and conditions, we will notify you through the App or by email. Where such change may be detrimental to you, we will notify you with at least 30 days’ notice.
15.3 Every time you wish to use our App, please check these terms and conditions through the Legal page in the My Profile section of the App to ensure you understand the terms that apply at that time.
16. HOW TO CONTACT US
If you have any questions or complaints about the product, please contact us. You can contact us via our website https://.biscuitpetcare.com, email us at email@example.com or write to us at Correlation Risk Partners, 1st Floor, 5 St Helen’s Place, City of London EC3A 6AB.
17. JURISDICTION AND APPLICABLE LAW
English law applies to these terms and conditions and any disputes relating to them will be settled by English courts. This clause 17 will survive the termination of these terms and conditions
You may not sub-license, assign or transfer in any way any of your rights, liabilities and/or obligations under these terms and conditions on a temporary or permanent basis to any third party without our prior written consent.
If any provision of these terms and conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain unaffected and in force.
20. ENTIRE AGREEMENT
20.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these terms and conditions.
20.2 We each acknowledge that, in entering into these terms and conditions, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
20.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in these terms and conditions (whether made innocently or negligently) will be for breach of contract.